The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-01
PROBING THE MATTER
The Defense in. the Either
Case Taking Testimony.
THE FINDING OF THE BULLETS.
The Connection OF the Murdered
Man with the Lynchers-The
Trial In Progress.

OeibS 1cCdicu. ne produced the WHY
that he put through the bullet holes il
the cabin.
J. T. Characteristics at Silver City
made an examination of the bullet
holes in the cabin; Mcclellan called me
over from the store, and put his vhiI
through the holes; one in the east enc
OF the cabin about foot from where
the door opened; probably two fee
from the ground; the next day ex-
amined the place again, as Mr.. Mitchell
asked me to show him the bullet hole
be put g small stick in the hole enG
pointed the slant of the hole, and ]
looked according to the slant of the
stick and found the ball; it was on tor
of the ground; it was about about three
up, somewhat fiat.
| ]. 9. Observation-Disclosures the cabin
with reference 10 finding bullet holes
was the next day after deceased was
taken away; my attention was first
called to the bullet hole ON the east end
Saturday the 22d; Croxall and l
searched for it together, and Croxall
found it. produced the bullet.) I
found it just about where l supposed
it would be, from the angle in the board
on the ground; the two bullets were
shown to the jury Zone that went
through the head OF Flaherty, deceased
and the one that went through the east
wall, and shown to be different size bull
lets. The bullet that went through the
west end has not been found.)
Cross-examined-Th first examina-
ton | made | found ball on the bed
and hole through the west end of the
room; made quite thorough examina-
ton all over, and from the floor to the
roof in that cabin; did not find the bull
let hole in the east end; the second
time l went did not discover any
thing further; did not remove
the box in the least end; the
third time l went there was to see the
bullet hole after it had been discovered |;
| furnished the defendant some bullets
for mis- pistol, al ter the shooting; Crox-
ali poket the bullet over out 0t the
dirt with a stick when we were search
ing for 1t.
Redirect had pistol the same
size as that of defendants. and
furnished him some bullets to tit his
pistol with, after the shooting occu rred.
1 did not shoot any bullet through the
east end; don't know who dIu.
To pruSecutiou-I visited the place
the second time with Mr.. Dixon; nave
not been 10 the cabin alone at any time
looking for bullet holes; have made
statements probably TO the effect that
l would help Etbier all could
W. T. STAHLEY-Heid the position of
constable ar the time of the lynchlng;
saw Nike Flaherty there 1t Eureka
day or two after the shooting;
saw T aherty in the room where We
were holding the inquest; he remained
there until he was requested TO go out;
he came III there with some of the de-
PENDANTS III the lynchIng case.
To prosecution-I witnessed the a.
fair of the lynching; Gid not see Fla
herty there.
To prosecution-I have expressed my
feelings in this case; kaVe said that
kept Either and me out of work; did
shooting, but my partner did; it was
my pistol. "a pistol was shown wit
ness and he recognized it as his
To defense There Were between IS
and 100 people that took part in the
lynching; l recognized ten or twelve.
Noon adjournment.
AFTERNOON.
HARRY HART-Saw the defendant on
the afternoon of the 7s of this month !;
think he was sober as near as l can
Judge.
Cross-examined-Di not see him
drink at all that afternoon; he was sit
ting in the saloon part of the tine:
Leech and DOnahue were there; did
not see him again that afternoon.
w. NJ. RoYLE Was at the Mammoth
on the day Flaherty was killed; Either
came to my house towards evening and
sat around the fire from about to 4
O'Clock. d left the cabin at O'Clock
he did not drink ANYTHING while there,
and if he had been drinking l did not
know it.
Cross-examined-The defendant came
to my house very often.
EUGENE F. DILLINGHAM-Was at
Royle's cabin about o clock the It'll;
my impression is that it was that day
saw the defendant there; he was
sober
Mrs. MARKs-Live at Eureka: re-
member the occasion of the killing of
Joseph Fisher; knew Mike Flaherty;
saw him the evening of the lynching,
after candle light; it was before the
lynching, at our store; he spoke in a
whisper, so low / could not hear what
he said; said Mrs. Marks, 1 want to
See you a moment; told him l was
busy with iauy customer. and said he
could see Mr.. Marks. Witness denied
that she told anyone what Flaherty
said at that time, or what he came for.
He was at the store a few days after
the lynchipg. and has been there sew
eral times. Do not remember that
told Mr.. Hiles what this man said,
shortly after Either was arrested. Her
memory being refreshed, said: Thick
ing back, l think he said (some
time after the lynching) some
thing in regard to annoyanees
whether everything was quiet or not;
this was soon after his return, as he
went away from the camp for Sumo
time Immediately after the lynching.
GIL JOHNSON, further cross-examina-
tion-Was on the third shift the nlght
of the homicide; had not been at
Mammoth for year before; did not go
back because did not think Of the job:
did not state that would not come